Subdivision 1. General. Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds:
(1) that the fees are necessary for the good faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding;
(2) that the party from whom fees, costs, and disbursements are sought has the means to pay them; and
(3) that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.
Nothing in this section or section 518A.735 precludes the court from awarding, in its discretion, additional fees, costs, and disbursements against a party who unreasonably contributes to the length or expense of the proceeding. Fees, costs, and disbursements provided for in this section and section 518A.735 may be awarded at any point in the proceeding, including a modification proceeding under sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either party. The court may authorize the collection of money awarded by execution, or out of property sequestered, or in any other manner within the power of the court. An award of attorney's fees made by the court during the pendency of the proceeding or in the final judgment survives the proceeding and if not paid by the party directed to pay the same may be enforced as above provided or by a separate civil action brought in the attorney's own name. If the proceeding is dismissed or abandoned prior to determination and award of attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion. The award shall also survive the proceeding and may be enforced in the same manner as last above provided.
Subd. 2. [Renumbered 518A.735]
(8593) RL s 3582; 1955 c 687 s 1; 1974 c 107 s 11; 1978 c 772 s 30; 1986 c 444; 1990 c 574 s 10; 1993 c 340 s 20; 1994 c 630 art 11 s 5; 1997 c 187 art 2 s 10; 2005 c 164 s 29; 1Sp2005 c 7 s 28
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Chapter 518 — Marriage Dissolution
Section 518.002 — Meaning Of Divorce.
Section 518.003 — Definitions.
Section 518.005 — Rules Governing Proceedings; Formal Requirements; Fee.
Section 518.01 — Void Marriages.
Section 518.02 — Voidable Marriages.
Section 518.03 — Action To Annul; Decree.
Section 518.04 — Insufficient Grounds For Annulment.
Section 518.05 — Annulment; When To Bring.
Section 518.055 — Putative Spouse.
Section 518.06 — Dissolution Of Marriage; Legal Separation; Grounds; Uncontested Legal Separation.
Section 518.07 — Residence Of Parties.
Section 518.09 — Proceeding; How And Where Brought; Venue.
Section 518.10 — Requisites Of Petition.
Section 518.11 — Service; Alternate Service; Publication.
Section 518.12 — Time For Answering.
Section 518.13 — Failure To Answer; Findings; Hearing.
Section 518.131 — Temporary Orders And Restraining Orders.
Section 518.14 — Costs And Disbursements; Attorney Fees; Collection Costs.
Section 518.145 — Decree, Finality And Reopening.
Section 518.146 — Social Security Numbers; Tax Returns; Identity Protection.
Section 518.148 — Certification Of Dissolution.
Section 518.155 — Custody Determinations.
Section 518.156 — Commencement Of Custody Proceeding.
Section 518.157 — Parent Education Program In Proceedings Involving Children.
Section 518.165 — Guardians Ad Litem For Minor Children.
Section 518.167 — Investigations And Reports.
Section 518.17 — Custody And Support Of Children On Judgment.
Section 518.1705 — Parenting Plans.
Section 518.175 — Parenting Time.
Section 518.1751 — Parenting Time Dispute Resolution.
Section 518.1752 — Grandparent Visitation.
Section 518.176 — Judicial Supervision.
Section 518.177 — Notification Regarding Deprivation Of Parental Rights Law.
Section 518.178 — Parenting Time And Support Review Hearing.
Section 518.1781 — Six-month Review.
Section 518.18 — Modification Of Order.
Section 518.183 — Replacing Certain Orders.
Section 518.185 — Affidavit Practice.
Section 518.191 — Summary Real Estate Disposition Judgment.
Section 518.195 — Summary Dissolution Process.
Section 518.25 — Remarriage; Revocation.
Section 518.27 — Name Of Party.
Section 518.551 — Postsecondary Education Trust Fund.
Section 518.552 — Maintenance.
Section 518.58 — Division Of Marital Property.
Section 518.581 — Surviving Spouse Benefit.
Section 518.582 — Procedure For Valuing Pension Benefits Or Rights.
Section 518.612 — Independence Of Provisions Of Decree Or Temporary Order.
Section 518.619 — Custody Or Visitation; Mediation Services.
Section 518.62 — Temporary Maintenance.
Section 518.63 — Homestead, Occupancy.
Section 518.65 — Property; Sale, Partition.